Appeal No. 2003-1066
Application No. 09/841,277
Butcher 5,409,375 Apr. 25, 1995
Ludwig Kniel, Olaf Winter, & Karl Stork (Kniel), Ethylene,
Keystone to the Petrochemical Industry, in 2 Chemical Industries
128-34 (Marcel Dekker, Inc. 1979).
The Rejections
The appealed claims stand rejected under 35 U.S.C. § 103(a)
as follows:
I. claims 1-4, 6, and 7 as unpatentable over either the
appellants’ admitted prior art or Bauer, each in view
of Kniel; and
II. claims 5 and 8 over the appellants’ admitted prior art
or Bauer, each in view of Kniel and Butcher.
Discussion
We reverse the aforementioned rejections.
The examiner’s characterizations (examiner’s answer mailed
Jan. 3, 2003, paper 12, page 4) of the teachings found in the
admitted prior art and Bauer are undisputed. (Appeal brief
filed Oct. 29, 2002, paper 11, pages 4-5.) Nevertheless, both
the examiner and the appellants agree that neither the admitted
prior art nor Bauer describes “a plurality of base burners
located on said hearth for firing in contact with said hearth
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